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On 20 November 2013, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) adopted a recommendation on the handing of war situations by audiovisual communication services. Last February, the CSA launched a consultation on the subject with the main audiovisual groups and journalists, after France Télévisions had broadcast particularly distressing images of the war in Mali. The new recommendation repeals the two previous recommendations, one on the conflict in the Middle East (2003) (see IRIS 2003-4/15), and one directed at all television and radio services on international...

On 27 August 2013 the Loi du 27 août 2013 portant création de l’établissement public “Autorité luxembourgeoise indépendante de l’audiovisuel” (Law of 27 August 2013 on the creation of the Independent Audiovisual Authority of Luxembourg, ALIA law) was formally adopted by the Grand-Duke of Luxembourg. The Chambre des Députés (parliamentary assembly) as well as the Conseil d’Etat (State Council) had both given their approval to the creation of the new authority in July 2013. The ALIA Act, which was proposed in October 2012, (see IRIS 2013-1/28) was published on 9 September 2013 in the Mémorial (Luxembourg...

On 7 October 2013, Ofcom’s decided that material broadcast on CBS Reality’s Caught on Camera programme was offensive and not justified by its context. Ofcom derives its statutory authority to regulate the standards of television pursuant to the Communications Act 2003. One of Ofcom’s duties pursuant to section 3(2)(e) of the Communications Act 2003 is to ensure that programmes broadcast on television adequately protect the public from the inclusion of offensive and harmful material. Rule 2.3 of the Broadcasting Code requires broadcasters to ensure that broadcasted material that may cause offence...

On 27 September 2013, Ofcom, the UK communications regulator, overturned two determinations by the Authority for Television On Demand (ATVOD) for editorial content. Ofcom oversees providers of on demand programmes via the internet, On Demand Programme Service (ODPS) providers. Ofcom works in conjunction with two co-regulators: the ATVOD and the Advertising Standards Authority (ASA) for advertising content. ATVOD makes determinations, appealable to OFCOM, regarding what constitutes an ODPS; whether or not a person is providing an ODPS; what constitutes a programme included in an ODPS; and whether...

A bill sent to the House of Representatives by the government proposes extensive amendments to the Law on Radio and Television Organisations that regulates commercial services of broadcasters. The bill was long expected in order to adjust the Act to aspects of the new media - i.e. a fully digital environment - and to further harmonise the Act with the Audiovisual Media Services Directive 2010/13/EU (AVMSD). According to the Explanatory Memorandum attached to the proposal, better harmonisation with the AVMSD is sought, in particular with relation to Articles 2(4), 4(8), 5(1)(d), 6, 9(1)(f), 10(1),...